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dkennedy, Lawyer (JD)

Category: Legal

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Experience: Juris Doctorate Degree

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How do I file a Motion to Appeal Sentence in Circuit Court

Resolved Question:

Charlotte County Fl. Do you have the form or any other information. My daughter is the inmate and wants to do this. She was sentenced on Nov 27th for 3 years in State Prison. It was a Driving on Suspended but she was violated 8 times: drugs, being where she wasn't suppose to be, etc.

Submitted: 7 years ago.

Category: Legal

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Customer:replied 7 years ago.

Where is my answer. I don't understand.

Customer:replied 7 years ago.

My question may have been vague. My daughter was arrested in 2002 on driving while suspended in Charlotte County Florida. She was given one year probation. She was violated several times and it kept getting worse. She was placed on house arrest. Having 3 children made it difficult but she did do it. She had a drug problem, which she has resolved but she was violated twice for a dirty urine, once for driving on a suspended again, once for a bad check, the last one (after a year of successful rehab and getting her life straight) was for going into a restaurant that was not on her house arrest schedule, and because of the fear whe would get the 3year suspended sentence from her last violation, she fled the state. She was picked up, extradited, and sentenced to the 3-years. Since her incarceration, she has developed diabetes (severe) and has seizures frequently. She needs medical care and has learned that due to her medical condition she may be eligible for what they call "downward departure" due to her medical condition and need for treatment. She could easily die if proper medical treatment is not received. This downward departure would lessen her sentence. This is why we thought we should file a Motin to Appeal Sentence.

You probably should file a Motion for Reconsideration of Sentence, which is a request to have the court "take another look" at the sentence, and at that time, do a "downward departure" from the sentencing guidelines imposed on the court. In your daughter's case it would be on "general mercy" grounds. She could prepare the papers herself (you could, also). Put the caption on top, using the same case number, of course. On the right hand side, under the case number, put: MOTION FOR RECONSIDERATION OF SENTENCE. Then, in the body of the document, put all the reasons she wants the judge to take another look at the sentence. The reasons should be listed and numbered. Each one short, and to the point. Be sure your daughter signs it, and sends a copy to the DA.

I hope this helps. If so, click Accept so that I can get credit for my work. Thanks.

Reply to dkennedy's Post: I am assuming the motion can be handwritten. Is that correct?

Customer:replied 7 years ago.

Thank you again and I'm eager to accept so you can get credit for your fine work. However, I had one more question. You suggested we should file a Motion for Reconsideratiion of Sentence and at that time do a "downward departure" from the sentencing guidelines imposed. What do you mean when you say do a "downward departure?" I kinda know what it is but need more specifics. Is it just for medical issues which would justify an early release, or what? How is it worded: "Request for downward departure is based on the fact that the inmate has a life threatending illness that needs special attention" or something like that?

The "downward departure" means that the judge issues a sentence that is lower than the usual guidelines for a very good reason, which could be, ostensibly, the life threatening illness. The wording that you had above, sounds very good to me. Understand that I do not practice law in that jurisdiction and am giving you suggestions based on basic Florida laws and the research I have done, along with my experience. I would attach some documents verifying the medical grounds such as medical reports or affidavits from her health care providers. I hope this works out for you and your daughter.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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